Civil Rights Grievances

Definitions

Complainant(s) is a person who is subject to alleged protected class discrimination, harassment or related retaliation. For purposes of this procedure, a complainant can be a MCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitors(s).

Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a MCC Employee(s), authorized volunteer(s), guest(s), or visitor(s).

Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator) is the employee(s) designated by the college president to oversee all civil rights complaints.

Appointing Authority/Disciplinary Authority is the individual with the authority or delegated authority to make ultimate personnel decisions concerning a particular employee. A Disciplinary authority is the individual who or office that has the authority or delegated authority to impose discipline upon a particular employee. This individual will be collectively referred to as the “Appointing Authority”. The System/College President (President) is considered the designee unless he/she has delegated this responsibility in writing.

Investigator(s) is the person(s) charged to investigate the civil rights grievance by the Title IX and/or the EO Coordinator. This person can be referred to as the “Deputy Title IX and/or EO Coordinator(s)”. The Appointing Authority may also be the investigator(s) over the particular complaint as well as the person in charge of enforcing employee discipline.

Sexual Harassment is:

unwelcome, gender-based verbal or physical conduct that is,

sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from MCC’s educational program and/or activities, or work activities, and

the unwelcome behavior may be based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination and/or harassment based on federal or state civil rights laws.

For more information on sexual misconduct please refer to SP 3-120a and SP 4-120a.

Discrimination is:

any distinction, preference, advantage for or detriment to an individual compared to others that is:

based upon an individual’s actual or perceived sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation that is so severe, persistent or pervasive, and

that unreasonably interferes with or limits:

Employee’s employment conditions or deprives the individual of employment access or benefits.

Student’s ability to participate in, access, or benefit from the college’s educational program or activities.

Authorized volunteers’ ability to participate in the volunteer activity.

Guests and visitors’ ability to participate in, access, or benefit from the college’s programs.

Discriminatory Harassment is:

detrimental action based on an individual’s actual or perceived sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation which is

severe, persistent or pervasive that it unreasonably interferes with or limits:

Employee’s employment conditions or deprives the individual of employment access or benefits.

Student’s ability to participate in, access, or benefit from the college’s educational program or activities.

Authorized volunteers’ ability to participate in the volunteer activity.

Guests and visitors’ ability to participate in, access, or benefit from the college’s programs.

Retaliatory Harassment is:

intentional action taken by an accused individual or third party that harms an individual as reprisal for filing or participating in the civil rights grievance proceeding.

Complaint Procedure

Filing a Complaint

All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.

Student who wish to report other concerns or complaints relating to civil rights discrimination or harassment may do so by reporting to Susan Clough, Morgan Community College, 920 Barlow Road, Fort Morgan, CO 80701, 970-542-3127, susan.clough@morgancc.edu.

Employees who wish to report a concern or complaint relating to discrimination or harassment by/towards a student may do so by reporting the concern to the Title IX Coordinator.

Employees who wish to report a concern or complaint relating to discrimination or harassment by/towards an employee may do so by reporting the concern to the EO Coordinator.

Students with complaints of this nature also have the right to file a formal complaint with the United States Department Education:

All other grievances where the complainant is a student(s) and the basis of the complaint is not discrimination and/or harassment based on federal or state civil rights laws will be addressed pursuant to SP 4-31.

All other grievances by an employee(s) and the basis of the complaint is not discrimination and/or harassment based on federal or state civil rights laws will be addressed pursuant to SP 3-50a.